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| Mandatory · Suspended Custodial Dangerous offender4, 5 Capital punishment Execution warrant Cruel and unusual punishment Life · Indefinite |
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Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence with no specified amount of time[1]. Its length, rather, is determined during imprisonment based on the inmate's conduct. In some cases, the goal could be to return the inmate to society. In others, the intention could be to keep the inmate behind bars for the remainder of his/her natural life. In theory, an indefinite prison sentence could be very short, or it could be a life sentence if no decision is made after sentencing to lift the term. In many cases, a small minimum term is imposed, or the maximum that can be served is the maximum allowable by law in the jurisdiction for the particular offense.
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Views
While some think the concept of the indefinite sentence is one of the most effective,[2] the Howard League for Penal Reform has defined indefinite sentences as "fundamentally flawed."[3]
Rationale
The main rationale for imposing indefinite as opposed to fixed sentences is to protecting the community. An offender can then be kept behind bars until it is determined that his/her release would not pose any danger to society.[4]
Uses by location
In some places, indefinite sentences have been around for a long time[5]. In other jurisdictions, they have been introduced more recently.
Australia
Indefinite imprisonment was introduced in Queensland in 2003 under the Dangerous Prisoners (Sexual Offenders) Act 2003. This allows indefinite detention to be imposed on dangerous individuals, particularly sex offenders. The remainder of Australian states later followed with similar legislation[6].
Indefinite imprisonment has a minimum non-parole period of ten years, but the sentencing judge can extend this if they believe that the prisoner's history warrants it.
The longest non-parole period on sentence(s) of indefinite imprisonment is 30 years, currently being served by Australia's worst pedophile, Queenslander Geoffrey Robert Dobbs, who molested 63 young girls under his care as a teacher and youth leader from 1972 to 2000 (West Australian Christian Michael Roach was sentenced to three consecutive indefinite terms with a non-parole period of 30 years in 2008 for molesting nine young women and girls between 1987 and 1999, and the manslaughter of one of them, but he hanged himself in his cell ten days later).
Canada
In Canada, an inmate classified as a Dangerous_offender can be given an indefinite prison sentence. This means the offender is at risk for causing a "serious personal injury[7].
United Kingdom
Indefinite sentencing has been used in the United Kingdom since 2005[8]. In 2007, the Queen's Bench Division of the High Court ruled that the continued incarceration of prisoners serving indefinite sentences unlawful where the prisons lack the facilities and courses required to assess their suitability for release[9]. This brought up concern that many dangerous offenders would go free.[10]
United States
Some U.S. states have various forms of indefinte sentencing. Many states have effective indeterminante sentencing with evaluation-based parole.
Most states have a life sentence without the possibility of parole for crimes of such a heinous nature that are not eligible for the death penalty; there is no possibility of parole for the offender during his or her natural life and they will remain incarcerated.
The United States Federal Prison system has no parole. All offenders must serve at least 85% of their sentences before release. Like states with the LWOP, life imprisonment without parole means that the offender will spend his or her natural life incarcerated[11].
See also
References
- ^ "The social welfare forum: Official ... - Google Books". Books.google.com. 1972-06-02. http://books.google.com/books?id=zcMJAAAAIAAJ&pg=PA94&dq=Indefinite+prison+sentence&lr=&ie=ISO-8859-1&output=html. Retrieved 2009-09-14.
- ^ "Journal of the American Institute of ... - Google Books". Books.google.com. http://books.google.com/books?id=F-0tAAAAIAAJ&pg=PA369&dq=indefinite+prison+sentence&ie=ISO-8859-1&output=html. Retrieved 2009-09-14.
- ^ "Indefinite prison terms 'flawed'". BBC News. 2007-09-20. http://news.bbc.co.uk/2/hi/uk_news/7004756.stm. Retrieved 2009-09-14.
- ^ http://www.onlineopinion.com.au/view.asp?article=682. This has been criticized on the basis that the offender may not be punished in accordance with what s/he has done, and that distinguishing danger is not always possible
- ^ "Prison methods in New York state, a ... - Google Books". Books.google.com. 2007-10-26. http://books.google.com/books?id=-YFDAAAAIAAJ&pg=PA410&dq=indefinite+prison+sentence&ie=ISO-8859-1&output=html. Retrieved 2009-09-14.
- ^ McGinnessJ. "Balancing Rights: Arguments for indefinite detention of dangerous sex offenders". http://74.125.47.132/search?q=cache:HTWi9Hcu2LgJ:njca.anu.edu.au/Professional%2520Development/programs%2520by%2520year/2008/Sentencing%2520Conference%25202008/papers/Ronken%2520Johnson.pdf+Indefinite+prison+sentence&hl=en&ct=clnk&cd=71&gl=us&ie=UTF-8. Retrieved 2009-09-14.
- ^ "Controversial criminal sent back to prison". Cbc.ca. 2004-07-07. http://www.cbc.ca/canada/story/2004/07/07/ferrier_new040707.html. Retrieved 2009-09-14.
- ^ [1][dead link]
- ^ > 31/07/2007 (2007-07-31). "High Court rules detention for indefinite sentence prisoners post-tariff is "unlawful" | News | Garden Court North - Garden Court North Barrister Chambers". Gcnchambers.co.uk. http://www.gcnchambers.co.uk/index.php/gcn/news/high_court_rules_detention_for_indefinite_sentence_prisoners_post_tariff_is_unlawful. Retrieved 2009-09-14.
- ^ [2][dead link]
- ^ "ACLU of Northern California : The Truth About Life Without Parole: Condemned to Die in Prison". Aclunc.org. http://www.aclunc.org/issues/criminal_justice/death_penalty/the_truth_about_life_without_parole_condemned_to_die_in_prison.shtml. Retrieved 2009-09-14.
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